In brief

At the end of October 2014, there were at least 69 political prisoners in Papuan jails.

At least 46 members of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested in Jayapura and Merauke this month for participating in peaceful demonstrations. The demonstrators were urging the Indonesian government to release two French journalists who faced trial for breaching immigration rules. In likely reference to the Social Organisations Law (RUU Organisasi Kemasyarakatan, RUU Ormas), police claimed during the mass arrests that the KNPB is an illegal organisation as it is not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol) and affiliated symbols or attributes are also therefore illegal. Last June, police conducted a mass arrest in Boven Digoel under the same auspices. Indonesian human rights group Imparsial challenged the shutting down of peaceful demonstrations in Jayapura and Merauke, stating that freedom of expression in Papua is the worst in Indonesia, particularly when it comes to the treatment of KNPB rallies. The criminalisation of peaceful demonstrations, often under the auspices of the Ormas Law, restricts democratic space and stigmatises Papuan civil society groups.

On 27 October, two French journalists, Thomas Dandois and Valentine Bourrat, were released after 11 weeks in detention. However, Lanny Jaya tribal leader Areki Wanimbo, who was arrested alongside the pair, still faces charges of conspiracy to commit treason. Lawyers from the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) have stated that the legal process for Wanimbo has been fraught with irregularities and that his case has been handled unprofessionally. Wanimbo faces charges different to those he was first accused of, and unsuitable evidence was used to build a case against him. The decision to impose a two-and-a-half-month prison sentence on the two journalists instead of acquitting them was a harsh blow for the campaign to open access to Papua. As noted by Human Rights Watch researcher Andreas Harsono, foreign journalists face a complex system of applying for visas to Papua, which requires the approval of 18 different government agencies – a process that severely restricts journalistic access. It remains to be seen whether Indonesian president Joko Widodo will make good on his promise of opening access to Papua.

In our July update we raised concerns regarding an incident which has come to be known as ‘Bloody Yotefa,’ that took place on 2 July at Yotefa market in Abepura. Early reports stated that three Papuan men were killed following a police raid on a gambling den at Yotefa market. At least four Papuan men from the Central Highlands were tortured and 40 people arrested according to a report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI). Following the raid on the market, police arrested and handed over two Papuans, including a 14-year-old boy, to a mob of non-indigenous Papuans who publicly tortured and beat them while police stood by, later continuing the job themselves at Bhayangkara Police Hospital. While police beatings, torture and killings of indigenous Papuans are not new phenomena, the public involvement of non-indigenous mobs to achieve this is a particular low point. Bloody Yotefa challenges the government perspective that torture and killings are carried out by a rogue police in isolated cells, showing instead that these arbitrary violations are becoming social events in which the non-indigenous community can participate. This dynamic perpetuates a culture of fear and domination in which indigenous Papuans are exposed to constant risk of public violence, even in traditionally ‘safe’ spaces such as hospitals and university campuses. Police discrimination and profiling of indigenous Papuans, especially those who come from the Central Highlands, makes them still more vulnerable to public torture, violence and arbitrary arrest.

Arrests

Mass arrests in Jayapura and Merauke during demonstrations to free French journalists

On 13 October a total of 46 members of the West Papua National Committee (Komite Nasional Papua Barat, KNPB) were arrested for participating in demonstrations in Jayapura and Merauke demanding the release of two French journalists, according to reports from independent human rights workers and the Papuan press.

In Merauke, 29 KNPB members were arrested at around 06:20 Papuan time as they prepared for a march to the Immigration Office in Merauke. They were released shortly after from Merauke Regional police station. At 08:30 the same day, Merauke police reportedly searched the KNPB Merauke Secretariat offices and confiscated posters, banners, various publications and pictures of the KNPB flag.

In Jayapura, 17 KNPB members were detained for several hours for holding a peaceful silent demonstration. KNPB Secretary Ones Suhaniap stated that Jayapura police had not issued a letter of acknowledgement of notice (Surat Tanda Terima Pemberitahuan, STTP) in reply to the KNPB’s notice of their intent to demonstrate. Police had previously stated that they considered the KNPB to be an illegal organisation as it was not registered with the Department of National Unity and Politics (Kesatuan Bangsa dan Politik, Kesbangpol).

Releases

Cultural group leader released

On 23 August 2014, a day after his arrest, Abner Bastian Wanma, the Head of Sanggar Budaya SARAK-Sorong, a Papuan cultural group, was released from detention in Raja Ampat Regional police station. According to information from the Institute of Research, Analysis and Development for Legal Aid (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum, LP3BH), Sanggar Budaya SARAK-Sorong were scheduled to perform at the opening of ‘Sail Raja Ampat’ the next day, an event aimed at promoting tourism to Raja Ampat that was attended by Indonesian president Susilo Bambang Yudhoyono. It appeared that the arrest was a pre-emptive move by the police to ensure that the performance of indigenous dance would not include any anti-Indonesian elements. The arbitrary arrest of Wanma echoes those of 23 men who performed the Cakalele dance at an event in 2007 in Ambon, Maluku which was also attended by Yudhoyono. During the event, the Benang Raja flag, a symbol of South Maluku independence was unfurled.

Political trials and cases overview

French journalists released; Trial for Areki Wanimbo to be held in Wamena

On 27 October 2014, Thomas Dandois and Valentine Bourrat were released from detention in Jayapura Immigration Office (Kantor Imigrasi Klas 1A Jayapura). They were sentenced to two-and-a-half-months imprisonment for breaching Article 122 of Law 6/2011 on Immigration. On 6 August, Dandois and Bourrat were arrested alongside five Papuans in Wamena. Areki Wanimbo, a tribal leader from Lanny Jaya, remains in detention in Papuan Police Headquarters in Jayapura. Lawyers from ALDP reported that his trial will be held in Wamena. He faces charges of conspiracy to commit treason under Articles 106 and 110 of the Indonesian Criminal Code.

On 29 October, the Jayapura Administrative Court (Pengadilan Tata Usaha Negara, PTUN) signed an agreement with Papuan human rights organisations to waive the summonses against human rights lawyer Gustaf Kawer. Papuan civil society groups such as the Institute of Research, Analysis and Development for Legal Aid (Lembaga Penelitian, Pengkajian dan Pengembangan Bantuan Hukum, LP3BH), the Civil Society Coalition to Uphold Law and Human Rights in Papua and the Working Group of Ecumenical Churches in Papua (Forum Kerja Oikumenes Gereja-Gereja Papua, FKOGP) had intervened and campaigned for the PTUN to drop the summonses against Kawer. The prominent human rights lawyer received a first summons on 22 August and a second one three days later. This was not the first time Kawer has faced the threat of prosecution for his human rights work. In 2012, he faced police intimidation when he represented the Jayapura Five who were accused of treason.

Pisugi Elections Boycott detainees may be forced to testify against each other

Lawyers with the Democracy Alliance for Papua (Aliansi Demokrasi untuk Papua, ALDP) reported that the five detainees in the Elections Boycott case in Wamena may be required to testify against each other. Yosep Siep, Ibrahim Marian, Marsel Marian, Yance Walilo and Yosasam Serabut remain in detention in Jayawijaya Regional police station as they await the start of their trial. They experienced torture and cruel and degrading treatment on arrest and in detention. On 12 July, they were arrested alongside 13 others who have since been released, allegedly for participating in a boycott against the 9 July Indonesian Presidential Elections. However the five detainees now face charges under Articles 187 and 164 of the Indonesian Criminal Code for conspiracy to endanger security of persons or property, for reportedly making and using explosives.

A report from the Justice, Peace and Integrity of Creation Office (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of Franciscans of Papua stated that on 18 October, Stefanus Banal received bone graft surgery in Abepura hospital. On 19 May 2013, Banal was arrested under accusations of being involved in an arson attack on a police post in Oksibil in Pegunungan Bintang regency. Human rights workers reported that he was not involved in the attack. He was shot on arrest and underwent an initial operation where metal rods were inserted in his leg to realign his broken shin bone. The medical treatment he received in Bhayangkara Police hospital was criticised by human rights investigators as being insufficient. Abepura prison authorities have so far refused to pay for his medical costs. He was sentenced to one year and seven months imprisonment under Article 170 of the Indonesian Criminal Code for violence against persons or property.

Cases of concern

More information has been received revealing alarming details of an incident now known as ‘Bloody Yotefa’ that took place on 2 July 2014 in the vicinity of Yotefa market in Abepura, as stated in a report from the Justice, Peace and Integrity of Creation Desk (Keadilan, Perdamaian dan Keutuhan Ciptaan, KPKC) of the Evangelical Christian Church (Gereja Kristen Injili, GKI). As reported in our July update, a clash broke out between gamblers and two Jayapura police officers at a gambling den in Yotefa market that resulted in the death of a police officer. In the commotion, a firearm belonging to the deceased police officer was stolen by one of the illegal gamblers who then ran away. The report revealed that on top of the three people who were previously reported to have been killed, four people were also tortured and at least 40 arrests were made.

Two hours after the clash broke out, Jayapura police conducted a search operation in the area. The report states that according to a police spokesperson, the purpose of the search operation was to recover the firearm that was stolen. According to witness testimony, police fired three warning shots upon arrival at Yotefa market. Two farmers, 14-year-old Meki Pahabol and 20-year old Abis Kabak, were trading their produce at Yotefa market when they heard the shots. In a panic, they attempted to leave the area by boarding a public bus headed towards Koya, a different town. Police reportedly fired shots at the bus, prompting Pahabol to exit the vehicle in a panic. He was then chased by a group of non-Papuan immigrants who beat him with hammers and wooden planks. Pahabol was also stabbed with a knife by one of the immigrants. Abis Kabak, was forcefully pulled out of the vehicle by Jayapura police who then handed him over to a group of non-Papuan immigrants. He was chased and beaten with sharp weapons, hammers and wooden beams by the mob.

Both Pahabol and Kabak were taken to Bhayangkara Police Hospital where they experienced further torture in police custody. The KPKC report stated that the two Papuans were sent to the hospital along with eight other people who were injured, though it is not yet certain whether they too faced torture or ill-treatment. A police officer allegedly beat Kabak on the head repeatedly with a metal rod, which resulted in wounds requiring stitches. Pahabol and Kabak were also made to face a wall as they were repeatedly kicked by police officers wearing jackboots.

Upon receiving medical attention at Bhayangkara Police hospital, they were sent to a local police station. The KPKC report stated that upon their arrival at the police station, 17 other men were already in detention after being arrested in relation to the clash at Yotefa market. Five days later, on 7 July, Pahabol was released without charge. It is believed that the 17 other men were also released, but it is unclear exactly when. On 8 July, Kabak was sent to Bhayangkara Police Hospital to receive further medical treatment and was released from detention on 11 July. As a result of the torture he faced, Kabak required an operation on his lower jaw which was broken. He was unable to eat solid food for four weeks. He was reportedly denied any visitors while in hospital.

On 3 July, a day after the incident at the gambling den, Urbanus Pahabol and Asman Pahabol were arrested during a search operation at Kilo 9 in Koya. The two men were threatened at gunpoint and blindfolded as they were led out to a police truck. Police repeatedly intimidated the two men with death threats. They were driven to an unfamiliar place where they were then taken down from the truck and repeatedly beaten and kicked in turns by different police officers. They were questioned about the missing firearm that had been stolen and the murder of the police officer at the gambling den in Yotefa market. Asman Pahabol was hit on the elbow and wrist until he wet himself due to the pain he was suffering. Urbanus Pahabol was kicked and stabbed with a bayonet blade in the leg. His left eye and back were beaten with a wooden beam and he was kicked in the side four times by an officer wearing jackboots. He was also hit in the head with a hammer which was taken from his own home. Urbanus Pahabol was then forced to stay in a water basin containing cold water for approximately five hours. He was then hauled out and forced to march.

After enduring this torture, police then brought the two men to a local police station. On the way to the police station, they endured further torture as police whipped them with an electric cable. However, as the wounds faced by Urbanus Pahabol were so severe, police were forced to send him to Bhayangkara Police Hospital where he received 12 stitches to his face. Following this, Urbanus Pahabol and Asman Pahabol were taken to Papuan Police Headquarters to be detained. According to testimony from Urbanus Pahabol, police began to interrogate them on their third day in custody, even though the two men were without legal representation. They were questioned as to whether they took part in illegal gambling at the Yotefa market and whether they followed pro-independence activity. When Asman Pahabol answered that he did not, he was forced to squat while police beat and kicked him. During interrogation, he was also beaten and stabbed with a knife, reportedly to extract a confession that he supported pro-independence activity. On 7 July 2014, the two men were released. It was reported that there were 19 other people who were detained in Papuan Police Headquarters in relation to the same incident. They were also released the same day and were not given back the items that had been confiscated from them, including IDR 1,400,000 (about USD 115), three machetes used for farming, a laptop and two hand phones.

As reported in our July update, three indigenous Papuan men from the Central Highlands, Sabuse Kabak, Yenias Wanimbo and Demi Kepno who were not involved in the incident at the gambling den were killed in this incident. The KPKC report stated that according to testimony from a friend of Sabuse Kabak, on the day of the incident, Kabak was on his way to Kilo 9 in Koya when he was stabbed in the chest outside a Bank Papua branch close to Yotefa market. Yenias Wanimbo is believed to have been killed during the police search operation in Yotefa market following the earlier clash at the gambling den. Wanimbo was beaten to death around 100 metres from Yotefa market. It remains unclear who the perpetrators of the violence against Kabak and Wanimbo are. According to testimony from Demy Kepno’s girlfriend, Kepno was forced into a grey vehicle by several immigrant men while the police search operation was taking place. Later on his body was sent to Bhayangkara Police Hospital where it was found to have gunshot wounds to the stomach and back, stab wounds to the right shoulder and facial wounds as a result of blunt force trauma.

As at the end of October 2014, police have not conducted any investigations into the incident.

News

Note regarding removal of four detainees from the list of political prisoners

In this month’s update, we have removed four men – Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok – from the list of political prisoners. Papuans Behind Bars has not received any new information regarding the four men for more than a year. While they are technically still facing charges of conspiracy to commit treason, no steps have been taken so far to bring them to trial. As they are still at risk of re-arrest and trial, we will continue to report on their case should any new developments come to light.

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

More than 40 organisations in West Papua, Jakarta and worldwide have brought their analysis on the human rights and conflict situation in West Papua together. The executive summary of the 218-pages report explains how several human rights standards have deteriorated over the last two years. The report is compiled by the International Coalition for Papua (ICP) and the German Westpapua-Netzwerk (WPN).

Political activist, Oktovianus Warnares was convicted of “rebellion” (makar) in 2013 after peacefully commemorating the 50th anniversary of the handover of Papua to the Indonesian government. He is a prisoner of conscience and should be immediately and unconditionally released.